Gilles v. Miners' Bank of Cartersville, Mo.
Court of Appeals of Texas
Appeal from District Court, Deaf Smith County; Jno. W. Yeale, Special Judge. Action by the Miners’ Bank of Cartersville, Missouri, against A. S. Gilíes and others. Judgment for plaintiff, and defendants appeal. On the 27th day of May, 1907, W. G. Bryant and wife conveyed certain lands in Deaf Smith county to P. L. Vasse, by general warranty deed.
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Appeal from District Court, Deaf Smith County; Jno. W. Yeale, Special Judge. Action by the Miners’ Bank of Cartersville, Missouri, against A. S. Gilíes and others. Judgment for plaintiff, and defendants appeal. On the 27th day of May, 1907, W. G. Bryant and wife conveyed certain lands in Deaf Smith county to P. L. Vasse, by general warranty deed. As part payment for said land Vasse executed and delivered to Bryant a certain promissory note in the sum of $4,500, due on or before two years from date, providing for 8 per cent, interest and 10 per cent, attorney’s fees. The vendor’s lien was…
1Opinion of the CourtHall, J.
(after stating the facts as above).
[1] Upon the above statement of facts, which we think are the material facts in the case, the judgment should be affirmed. The case is presented upon several assignments of error, many of which we think have no application to the case as made by the pleadings and evidence. It is not necessary for us to discuss articles 5694-5695, R. S., nor the conflict in some of the decisions construing such articles, as they do not apply. Under the Act of 1905, p. 334, Sayles’ Civil Statutes, Supplement of 1904-1906, art. 3353, the Original note executed by Vasse was not…
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